Flowers v. W. T. Smith. Lumber Co.
Supreme Court of Alabama
Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Action by Flowers & Peagler against the W. T. Smith Lumber Company for breach of contract. From a judgment for defendant, plaintiffs appeal.
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Appeal from Butler Circuit Court. Heard before Hon. J. C. Richardson. Action by Flowers & Peagler against the W. T. Smith Lumber Company for breach of contract. From a judgment for defendant, plaintiffs appeal. After reciting the names of the parties and the enterprise in which they were engaged, the contract recites that whereas, it is of very great benefit and advantage to both of said parties in the operation of their said railroad and mills, and in carrying on their business generally, that they should not come in conflict with each other in the purchase of lands and timber for their…
1Opinion of the CourtAndeeson, J.
— -“It may be conceded as being the general rule in all the states, as well as in England, that contracts in general restraint of trade are void as against public policy.” —24 Am. & Eng. Ency. Law (2d Ed.) 842; Harris v. Theus, 149 Ala. 133, 43 South. 131, 10 L. R. A. (N. S.) 204, and cases there cited. There are a few instances when contracts have been upheld by the courts, notwithstanding they had a tendency to restrain trade, such as sales of a stock or business and *511the good will of the vendor, with an obligation not to engage in a similar business or calling in the same locality.…
2Cases cited2 opinions
- Harris v. TheusSupreme Court of Alabama · 1907
- Arnold & Co. v. Jones, Cotton Co.Supreme Court of Alabama · 1907
3Cited by12 opinions
- Baker v. StateSupreme Court of Alabama · 1923
- Maddox v. FullerSupreme Court of Alabama · 1937
- Travelers' Ins. Co. v. LazenbyAlabama Court of Appeals · 1918
- State v. ThurmanAlabama Court of Appeals · 1921
- American Laundry Co. v. E. & W. D. C. Co.Supreme Court of Alabama · 1917
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